DEFINITIONS
The “Seller” is defined as the legal entity Parkway Cakes. The “Buyer” means the person (legal or natural) who buys the goods. “Goods” is defined as the items to be supplied by the Seller to the Buyer as listed on invoice or email between parties.

Allergy Disclaimer
Non-edible components; Your product may contain non-edible items. It is your responsibility to remove these items before serving.
Allergens; My products may contain or come in contact with ingredients which some people are allergic to including, without limitation, milk, wheat, nuts, soy, or other allergens. You agree to notify all who may eat the product of this risk and defend, indemnify and hold Parkway Cakes harmless in the event any person who eats the product has an adverse reaction.

Pick-Up Times
I do understand emergencies arise, and are willing to accommodate those times, as much as possible. However, I cannot guarantee the availability for an after-hours pick up. Further, this will only be available if I am contacted prior to your preferred time. Please understand that in most cases I do NOT keep items stored for several days, and do not keep anything overnight. I will resell or donate items left after pickup time unless prior arrangements have been made. After-hours arrangements will result in a minimum $40.00 service fee, due prior to after hours pick up. No refunds will be issued for late pickups. I promise to have your product(s) ready by your specified pickup time. Early pickup may be available, please contact me day of or day prior of your pickup to inquire. 

Price Quotations
All price quotations, written or verbal, are valid for 3 days from the date of quotation. In the event that the desired date has been filled by another order / customer, prior to the Customer confirming the booking by paying the 50% deposit, Parkway Cakes is not obliged to honor the quote.  **All Quotes are NOT bookings and are subject to availability.

Initial Deposits
Your initial deposit reserves your event date and is non-refundable. A 50% non-refundable deposit is due when the order is placed. The remaining balance is due 7 days prior to the pick-up date. Additional Charges – A 3.5% non-cash fee will be charged to all credit card payments. 

Deposits, Payments, Cancellations
I must receive the balance by the due date indicated or contract is null and void. When ordering, a 50% non­-transferable deposit is required to confirm your reservation. Final payment is due seven (7) days before delivery or pickup of the items ordered. If this order has been placed with less than 14 days of the event date, payment in full is required to confirm your reservation.  A 15% late fee will be charged each day the final payment is late. If cancellation of the order is required, and you have paid your full balance, the refund policy is as follows:  a) If the cancellation is up to fourteen (14) days in advance of your event date, you will receive a refund, less your initial deposit and the cost of any supplies already purchased for your cake.  b) If the cancellation is less than seven (7) days prior to your event, there will be absolutely no refunds given.  c) Refunds will be paid within 30 days of cancellation.

Care & Handling
Parkway Cakes is not responsible for any damage to the product after pick-up or after setup is complete.  The client is responsible for providing an appropriate and secure table and environment for the products(s). Product(s) are heavy and require a sturdy table, and optimal room temperature of 68 - 72 degrees or below. If you or your representative elects to pick up and set up the product(s), you assume all liability and responsibility for the condition of the product(s) once it leaves the possession of Parkway Cakes. In the case of fresh flower usage on a product(s), the responsibility of the flower safety and safe food practices will rest with the florist and not with Parkway Cakes. The person placing this order should obtain a notice of plant safety, in question, from the florist. Parkway Cakes is not responsible for any damage to the product(s) caused by the placement of flowers by another party or other items on the product(s). Please be sure to arrive at your preferred pick-up time.

Changes
Final date for any changes must be made 7 days prior to event date. Changes include size, style or flavors. Any changes requested after this date cannot be guaranteed and may be subject to additional charges.

Delivery Terms
Delivery and setup is depending on the location of the venue and will be stipulated in the final price. The Client must disclose any adverse road hazards and/or obstacles that may hamper the delivery and quality of finished products.  In the case of an unavoidable occurrence, such as an act of god, a car accident, poor road conditions, or dropping of items(s) during delivery — Parkway Cakes cannot be held liable for more than the price of the item purchased described in this order. If the client or client representative is not available to receive the delivery. A re-delivery fee will be required at the time of receipt of goods and services.

Set-up
I am not responsible for any damage to the item purchased after setup is complete. You are responsible for providing an appropriate and secure table and environment for the item you purchased. Items are heavy and require a sturdy table, and optimal room temperature of 68 - 72 degrees or below.

Flowers
If flowers are provided by an outside source, I will place them on for an additional fee. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants. In the case of fresh flower usage on the item, the responsibility of the flower safety and safe food practices will rest with the florist and not with Parkway Cakes. The person placing this order should obtain a notice of plant safety, in question, from the florist. Parkway Cakes is not responsible for any damage to the item caused by the placement of flowers by another party or other items on the item.

Photographs and Marketing
On occasion I will photograph my products(s) and I reserve the right to use any photographs for display or promotion without compensation to you.

Miscellaneous 
Performance of this agreement is contingent upon my ability to complete the Agreement and is subject to labor disputes or strikes, accidents, Acts of God, and other causes beyond my control.

Refund Policy
Parkway Cakes will not offer refunds or exchanges for custom products that meet my quality standards once an order has been picked up/delivered and “Accepted” by you or another designated party. Additionally, under no circumstances will Parkway Cakes provide a refund in excess of the cost of the order. All products are the responsibility of the customer once it leaves our possession. Refund requests due to decorating style, color shade or general decoration design will not be honored or considered. Cake flavor and texture is subjective. Refunds requested due to flavor or texture after cake has been accepted and picked up will be at the sole discretion of Parkway Cakes.  Parkway Cakes may consider a credit if the product is brought back  and the quality of the flavor or texture is determined not to meet my standards within 24 hours of your event. Please note, I do taste my products to insure the highest quality. Quality determination is solely at the discretion of Parkway Cakes. Keep in mind, variety in temperature and humidity may impact the flavor, overall design, or texture of the item to some degree. Please understand I cannot control changes in texture or changes in color or shape due to weather conditions.

Design Variations
Although I make every attempt to provide an exact design and to match colors, custom product(s) of any kind are a work of art. It may not be possible to match an exact shade of a color, but I will come as close as possible. The final product may be subject to slight variations.  Also be aware the exposure to light can cause colors to change. I do not offer discounts or refunds if the exact shade of a color is not achieved or if a variation occurs due to lighting. 

Governing Law and Waiver of Jury Trial
This Agreement shall be subject to and governed by the laws of the Commonwealth of Illinois irrespective of the choice of law rules in the state of execution of the Agreement.  The parties hereto acknowledge and agree that, any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the courts of the Commonwealth of Illinois. Any litigation relating to this Agreement, brought by Client shall be commenced and maintained only in a federal or Illinois state court located nearest to Company’s principal office; The Client consents to personal jurisdiction and venue in any such court. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. If Company is the prevailing party, it shall be entitled to recover from the Client the reasonable costs and expenses incurred in connection with any mediation, suit or other action brought pursuant to this Agreement, including, without limitation, reasonable attorney’s fees.

Resolution of Disputes.
All claims, disputes, and other matters in question arising out of or relating to this Agreement, or the breach of this Agreement (in any event, a “Dispute”) shall first be submitted to non-binding mediation in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Unless agreed upon by the parties, the mediator shall be selected by the Alternative Dispute Resolution Section of the Fairfax County Bar Association. The mediator may offer such guidance as the mediator deems appropriate to facilitate the resolution of the Dispute.

**PLEASE NOTE: By paying the NON-REFUNDABLE retainer, you are accepting and agreeing to the terms and conditions set forth in this agreement.